Can Assault Charges Be Dropped by the Victim?

Blogs from November, 2020


Let’s say that your wife or girlfriend – or your husband or boyfriend, or anyone else – has told the police that you committed an assault, and you’ve been charged with the crime. If you’re charged in Texas, seek legal help at once and contact San Marcos criminal defense lawyer David C. Hardaway.

Let’s then say that the person who called the police on you subsequently has a change of heart and decides that you did not commit assault and should not be prosecuted. Can that person have the charge against you dropped or dismissed? And if not, why not?

Who Is Responsible for Criminal Charges in Texas?

An alleged assault victim cannot have a charge dropped in the State of Texas. Frequently, assault is charged after a domestic dispute when one of the disputants or a third party has called the police to calm the situation. Once the charge has been filed, however, the purported assault victim no longer has control over what follows.

Criminal charges in Texas are brought by prosecutors representing the state – not by victims. Only a prosecutor can drop a criminal charge. However, prosecutors take a victim’s input quite seriously, and they will always factor in the victim’s wishes as they proceed with the assault prosecution.

If the Victim Wants a Charge Dropped, Why Would a Prosecutor Disagree?

A prosecutor may decline to drop an assault charge – even at the request of the purported victim – to protect an abused complaining witness who may have been bullied into making the request. Before dropping any assault charge, or even considering it, a prosecutor will want to ensure that the alleged victim will be safe in the future.

So an assault charge may remain, even if the alleged victim has a change of heart, and the defendant will need sound legal advice and effective defense representation. If that defendant is you, contact San Marcos criminal defense lawyer David C. Hardaway. He will protect your rights and bring your assault case to its best possible outcome.

How Will the Right Defense Attorney Help You?

If there is a legal way to have the charge dropped or dismissed, attorney David C. Hardaway will make it happen. He will conduct his own investigation of the case and may be able to persuade the prosecutor to drop the charge.

In your defense, your attorney may be able to obtain a sworn statement from the alleged victim that corrects or clarifies what was originally told to police officers. If the defendant and the alleged victim agree to attend counseling together, that may also work in a defendant’s favor.

A Good Attorney’s Help Is Your Right

If the evidence of your guilt on the assault charge is strong and a conviction at trial is certain, Criminal Defense Attorney in San Marcos, TX David C. Hardaway will negotiate the best possible plea bargain and sentencing arrangement, but if you are innocent of the charge, he will fight aggressively for your rights and for the acquittal you deserve.

Finally, if you are charged with assault, choosing the right defense attorney can make the difference. Assault convictions may entail serious penalties including jail time or even prison.

You cannot afford to work with an untested lawyer or with someone who has no experience handling assault cases. Instead, call the Law Offices of David C. Hardaway at (512) 846-9966 for the advice and representation you will need.

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